The Eagle, 1894-11-21

ritory against II. II. Whitehill and his bondsmen. When he went out of office it was found that he was short over $:0, $:0,-000 - 000 $:0,-000 wiU'the county and territory and he turned over his property to his bonds bondsmen - men bondsmen to secure them. The case was brought to recover the money and it has been continued from term to term until last week when it was compromised, the attorneys for Tthe defendants allowing judgment to the ljinount of $8,000 to be taken in favor, of the county with a stay of ex'.Sution for six months. The bondsmen of the ex-sheriff are : S. Lindauer, Henry Holgate, J. A. Lock Lock-hart, - hart, Lock-hart, J. W. Fleming, W. II. Taylor, Richard Hudson, J. P. Stanley and M. W. Rremen. It is supposed that the value of the property turned over to the bondsmen is more than sullicient to cover the judg judgment - ment judgment so thac the liondsinen will lose nothing. The amount due the county was considerably more than double the amount of the judgment, and the re remainder - mainder remainder of the amount sued for was due the territory. The territory gets no part of the amount of the judgement as it was found that the lond had lieen drawn in such a way that kith the territory and county could not get judgment, and it was decided to leave the territory out of the question entirely. Another important compromise which was made this week was the settlement of the Derg bond case. A compromise was also agreed upon in this case. Judgment was taken against six of the bondsmen, or rather judgement was taken against each of the six bondsmen for one-sixth of the amount of the claim. The six bondsmen against whom the judgment was taken are II. L. Pickett, Estate of A. E. Walcott, M. W. Neff, J. P. McGrorty, John CorU-tt and J. II. Tracy. The judgment in each case amounts to a little over $1,100 which the landsmen will have to pay as the estate of W. Ilerg is of no value. There yet remains about $4,000 of school money due from ex-Treasurer P.erg to the 'various school districts of the county and a suit will lie commenced against his londsmen for this amount. This bond is said to have been lo.-t and there was for some time some doubt as to whether the bondsmen could be held for the school money. The securities on the school lxnid are Denting men.

The full term of the district court law been in session for a week and will hard hardly - ly hardly last more than a week longer. Judge Fall was detained at Las Cruces until Tuesday so that two days were lost last week. On his arrival ho commenced at once to organize the juries ami get to work. While jurors were being secured the docket was called and cases were set for trial or otherwise disposed of. On the civil docket several cases were dismissed and a number continued to the next term, hut most of the cases were set for trial during the t'irm, though it is not expected that many will be tried. The first jury case was that of Ride Ride-nour, - nour, Ride-nour, Haker & Co. vs. C. J. Price, a case which was brought from Sierra county on a change of venue. The case was one of considerable importance and occupied more time in the trial than was expect expected, - ed, expected, as it did Hit get to the" jury until Monday afternoon. The argument con consumed - sumed consumed nearly a day, every detail of the case being presented to the jury by the attorneys. The jury was out some time but finally agreed upon a verdict for the defendant. Besides this case there were two others from Sierra county, one of the Sierra Land and Cattle Co. vs. C. J. Price and the territory vs. X. Armijo, a murder case which was tried in Sierra county and appealed to the supreme court which granted a new trial. This case and the case of Frank S. Deal are the only murder ea-es set for trial at this term. The case of the territory vs. Armijo was on trial yesterday. There were 15 witnesses sworii in the case. It is quite probable that several crimi criminal - nal criminal cases will have, to go over until next term for the reason that the funds are not sullicient to continue court until the docket shall have lieen cleared. One of the most important cases on the docket was disposed of by agreement. This was the case of the county and ter

The bondsmen of Mr. Berg against whom judgments have been taken will have six and twelve months in which to pay the amounts due, as a stay of execu execution - tion execution was granted for half the amount for six months and a stay of twelve months for the other half. The total amount of judgments against the bondsmen of Whitehill and Perg is nearly $15,000 and if this amount can In) collected it will put the county in pretty good shape financially. It will pay off more than half of the total float floating - ing floating indebtedness of the county at pres present - ent present and it is expected that the new law which will go into effect on the first of next January reducing the fees of the county ollicers will bring the excuses of the county well within the revenue so tliit there will be a considerable amount with which to pay off indebtedness which has already accrued. Desiifes this there is a large amount of money due the county on account of de delinquent - linquent delinquent taxes which, if it could be col collected, - lected, collected, would help very materially toward bringing the county out of its bad financial condition. The bond cases, if they had gone to trial, would have consumed a considera considerable - ble considerable portion of the time of the court at this term and it was deemed liest by all concerned to compromise them and get them off the docket. Mr. Ilerg is now in Mexico and will probably not return to this territory soon as there is an indictment against for embezzlement of county funds. He was treasurer at the time of the Dane bank failures ami had the money in the Demiug bank.

Two or three nights last week were pretty chilly. The thermometer regis registered - tered registered several degrees lielow freezing point . This is examination week at the nor normal - mal normal school in some of the branches. The pupils have done good work since the school has lieen opened. The hotels and restaurants here have been doing a big business for the pant two weeks and there has been a noticea noticeable - ble noticeable increase in trade among the mer merchants. - chants. merchants. The Pacific mill above town is pound pounding - ing pounding away day and night on ore from the Pacific mine at Pinos Altos. This is one of the few mills in continuens operation in this part of the territory now.